The Hall & Wilcox Public and private philanthropy team brings together experts dedicated to providing a market leading service offering to the charity, not-for-profit and private philanthropy sector. Our practice is built on the foundations of technical expertise, an active involvement in the sector (including through individual involvement in governance roles with public and private philanthropic organisations) and a multi-disciplinary approach to provide a seamless service.
Our capability in this area includes:
- Tax, both at Federal level (ITEC/DGR endorsement, ATO and ACNC compliance and taxation planning around philanthropic giving, Fringe Benefits Tax and Goods and Services Tax) and State Level (stamp duty, land tax and payroll tax).
- Private Client Advisory and Succession Planning, which is focused on enabling private philanthropic giving during a persons’ life (including through the establishment of Private Ancillary Funds) and as part of a broader succession planning strategy (including making provision for philanthropic gifts in wills).
- Corporate Affairs and Governance, covering the Corporations Act (including the formation and regulation of public companies limited by guarantee and the statutory obligations of directors), state law relating to incorporated and unincorporated associations and the fiduciary obligations of trustees.
- Commercial and Transactions, including trade practices and consumer protection legislation (including State Fundraising Licencing), M&A, organisational restructuring, significant asset acquisition or divestment and winding-up.
- Employment, including remuneration package structuring (in light of the specific FBT rules that apply to some sector participants) and entering and terminating employment arrangements.
- Property, including leasing, property acquisition and disposal and dealing with planning, land use and valuation issues and disputes.
Our team have advised private philanthropists, corporates, boards, charitable and philanthropic institutions and other not for profits on a range of matters involved in the establishment and ongoing management trusts and funds.
- Providing strategic advice, establishing organisational structures and obtaining registered charity, ITEC and DGR endorsement for a range of entities including a Public Benevolent Institution, Health Promotion Charity, Registered Environmental Organisation, Scholarship Fund, School Building Fund and Necessitous Circumstances Fund.Providing strategic advice, establishing organisational structures and obtaining (where necessary) registered charity, ITEC and DGR endorsement for both Private and Public Ancillary Funds.
- Providing strategic advice to private philanthropists in the context of a broader succession planning strategy on private philanthropic giving.
- Acting on behalf of private philanthropists making substantial gifts, including dealing with recognition and ‘name rights’ issues.
- Advising and assisting private philanthropists in the establishment of structures to enable international philanthropy.
- Acting on the restructure of one of Victoria’s largest public charitable and philanthropic institutions, including preparation of corporate documentation with ‘bespoke’ governance requirements.
- Providing advice and assurance to board and governance committees on continued eligibility for income tax exemption in light of changes or development in activities or commercial profile (including where the exemption is self-assessed for industry promotion and sporting organisations), charity and general regulatory compliance obligations and constituent documents including company constitutions and association rules.
- Managing and reaching a favourable resolution to compliance breaches through a voluntary disclosure process with appropriate regulatory agencies.
- Providing strategic advice and implementing the merger of two substantial Health Promotion Charity organisations.